Client a 27 year old woman from Fitchburg, MA was arrested by the state police in Leominster for operating under the influence, following too closely and a marked lanes infraction. The client elected to take a breathalyzer at the barracks and provided a result of .24, which is three times the legal limit of .08.
The first step in any case of operating under the influence, also referred to as OUI, DUI or DWI, in which a breathalyzer is taken and allegedly failed is to request all of the essential records for the breath test machine and once provided to scrutinize them extremely carefully.
In this case the Office of Alcohol testing had refused to turn over all of the records that were requested and Attorney Damian Riddle was able to obtain a Court order that the breath test result not be admissible at trial. Interestingly enough the limited records which were turned over revealed that this particular breath test machine had been sent back to the manufacturer for repair because it had “failed certification multiple times.”
Once the breath test result was ordered excluded by the Court Attorney Damian Riddle took the case to trial in front of a judge. At trial the trooper testified to his observations of the client’s civil motor vehicle infractions, that she emitted an odor of alcohol, that she admitted consuming two drinks and that she failed four field sobriety tests.
Through cross examination of the trooper Attorney Damian Riddle was able to get the trooper to admit all of the things that the client did properly that evening and convince the Judge that the Commonwealth had not proven the case against the client beyond a reasonable doubt. The client was found Not Guilty.